Felony Firearm Possession in Michigan

Felony Firearm Possession in Michigan.

In Michigan, the laws surrounding firearms are strict, especially when it comes to felony firearm possession.

If you’re charged with a felony and found to be in possession of a firearm during the crime, the penalties can be severe.

This article explains what felony firearm possession is, what punishments you could face and possible legal defenses.

#1 Step to take – Invoke your 5th amendment right and ask for a lawyer. No matter what the police say or what they promise you!!

What Is Felony Firearm Possession?

Felony firearm possession refers to the illegal possession of a gun while committing or attempting to commit a felony.

Michigan law makes it a separate crime to have a firearm while committing another felony, like drug possession, robbery, or assault.

Even if you don’t use the gun, simply having it in your possession during the felony is enough to be charged.

The law that governs felony firearm possession is MCL 750.227b

Penalties for Felony Firearm Possession

Michigan’s felony firearm law imposes mandatory prison sentences that are separate from any other punishment you might receive for the underlying felony.

• First Offense: A mandatory 2 years in prison. This sentence must be served before any other sentence for the felony.
• Second Offense: A mandatory 5 years in prison.
• Third Offense (or more): A mandatory 10 years in prison.

It’s important to note that these sentences are not negotiable.

The judge has no discretion in reducing or suspending these sentences—they are mandatory.

Additionally, these sentences are served consecutively, meaning the time for the felony firearm charge is added on top of the sentence for the underlying felony.

This is a charge the prosecutors usually hold over you if you don’t submit, obey and confess.

Possible Legal Defenses

• Lack of Knowledge: If you didn’t know a firearm was present during the felony, it could be a defense. For instance, if someone else brought the gun without your knowledge, you might not be liable.
• Unlawful Search and Seizure: If the police discovered the firearm through an illegal search, the evidence could be suppressed. If the search violated your Fourth Amendment rights, this could result in the charges being dropped.
• No Connection to the Felony: To be convicted, the prosecution must prove that you were in possession of the firearm during the commission of the felony. If the gun was not on your person or within reach, this could be a defense.
• Legal Firearm Possession: If you legally own a firearm but it wasn’t involved in the felony, there may be room to argue that it shouldn’t lead to a felony firearm charge.

How Komorn Law Can Help?

Being charged with felony firearm possession can dramatically impact your life. The mandatory prison sentences are harsh, but Komorn Law has over 30 years of experience defending clients in complex criminal cases. They have a deep understanding of Michigan’s firearm laws and will work tirelessly to defend your rights.

Komorn Law can assist by:

• Investigating the circumstances of your arrest
• Examining the legality of the search and seizure
• Challenging the prosecution’s evidence
• Negotiating with prosecutors to potentially reduce charges
• Representing you in court with a strong defense

With their vast experience in both state and federal courts, Komorn Law is dedicated to providing the best possible defense for clients facing felony firearm charges.

If you’ve been charged with felony firearm possession, contact Komorn Law (248) 357-2550 for a consultation or to hire the team to fight for your rights and protect your future.

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.